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H1Dreamer

***Tracker for MTR/Appeal on H1B denied cases***

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Hi, 

my attorney has applied for an MTR on Decemeber 12th 2017, here is the current status, could you please tell me what does this mean? is there a change for the case to be denied?

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Appeal Was Approved

The appellate authority approved your appeal and mailed you a decision.

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On 5/24/2018 at 3:38 PM, Emma1122 said:

Any news?

Unfortunately no. I have ben following up with my employer but no response. Can i call USCIS and give my old receipt number and get the new appeal case number. please suggest

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22 hours ago, Unknown12345 said:

Unfortunately no. I have ben following up with my employer but no response. Can i call USCIS and give my old receipt number and get the new appeal case number. please suggest

Actually not. You can not call USCIS to ask for appeal case number. Only lawyer or employer can do that. I am so sorry. 

Good Luck.   

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Hi,

My status of the appeal shows the following

 

On January xx, 2018, we transferred your Form I-290B, Notice of Appeal or Motion, Receipt Number xxxxxxxxxxxxxxxx, to another USCIS office. That office now has jurisdiction over your case. We sent you a notice that explains why we moved your case. Please follow the instructions in the notice. If you do not receive your notice by  please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

 

Does this mean anything. Please help.

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3 hours ago, Unknown12345 said:

Hi,

My status of the appeal shows the following

 

On January xx, 2018, we transferred your Form I-290B, Notice of Appeal or Motion, Receipt Number xxxxxxxxxxxxxxxx, to another USCIS office. That office now has jurisdiction over your case. We sent you a notice that explains why we moved your case. Please follow the instructions in the notice. If you do not receive your notice by  please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

 

Does this mean anything. Please help.

3

Means nothing.  depends on high volume case. USCIS sometimes transfer  some case to other office. So does my  case. 

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20 hours ago, Emma1122 said:

Means nothing.  depends on high volume case. USCIS sometimes transfer  some case to other office. So does my  case. 

Okay Thanks. When was your MTR filed.

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Hello,

My MTR was filed on Jan 31th 2018 Till date my status is 

Case Was Transferred And A New Office Has Jurisdiction

On March 20, 2018, we transferred your Form I-290B, Notice of Appeal or Motion, Receipt Number EACXXXXX, to another USCIS office. That office now has jurisdiction over your case. We sent you a notice that explains why we moved your case. Please follow the instructions in the notice. If you do not receive your notice by April 19, 2018, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

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Hi, 

I am in a same boat of MTR.

H1b denied: 03-Oct-2017

MTR filled: 14-Nov-2017 and status is "Case was received". It has been more that 6 months. Is this normal? Has anyone received approval after 6 months?

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On 5/24/2018 at 0:38 PM, Emma1122 said:

Any news?

No, Not yet. Its been 136 days. I tried for raising a service request. Attorney replied back saying USCIS mentioned they can only raise a service request after 180 days. So still waiting. Let me know if you have any updates.

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Hi all, 

Just about a month waiting time for the MTR. I hope this information would help you.

- Submitted MTR on May1st 2018

- Approved and received new H1b on June6th 2018 

I found useful information on this Forum. Please let me know if you have questions, I will be happy to help. 

Arash

Edited by Arash

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My H1 was denied on the basis of SOC(Specialty Occupation). I have a computer science background from my undergrad. I have job experience since then and after my Master's(in Computer Science). I am doing a job related to my coursework. I have filed for an MTR on March 23, 2018. Since then the status has not changed. There is no case History. The case is currently pending at Vermont Service Center (EAC). Is there anybody who got an approval with similar case status ?

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On 6/1/2018 at 9:44 AM, Unknown12345 said:

Okay Thanks. When was your MTR filed.

I did appeal I do not know what's the difference with MTR. I filed April 13th 2018 

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On 6/5/2018 at 3:48 PM, Saketh.4490 said:

No, Not yet. Its been 136 days. I tried for raising a service request. Attorney replied back saying USCIS mentioned they can only raise a service request after 180 days. So still waiting. Let me know if you have any updates.

Good luck for both of us. 

Good news is coming. 

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23 hours ago, Arash said:

Hi all, 

Just about a month waiting time for the MTR. I hope this information would help you.

- Submitted MTR on May1st 2018

- Approved and received new H1b on June6th 2018 

I found useful information on this Forum. Please let me know if you have questions, I will be happy to help. 

Arash

Arash, 

Congrats. You did MTR not appeal, right?

What's the denial reason?  Thank you 

 

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Disclaimer:  Information below is based on my own understanding and little bit of online research (I am an engineer myself).

The Appeal for the USCIS decisions basically is in the form of I-290B. If you look at the USCIS website and look up the Pdf for the I290B, you can find a lot of good information. I learned it when I was waiting for my case. 

I-290B has few different cases which one is the MTR -  Motion to Reconsider. There are different reasons that the attorney would choose MTR (I guess based on the case, I don't know). There are more info and instructions on the USCIS website for I-290B form.

@Emma1122 , my company attorney filed MTR.

Reasoning: I received H1B last year as I797B form but on Oct1st my SEVIS record was expired (but my OPT currently valid). That put me in about more than 6month of being out of status. This is a very rare case, I read in other forums that people had to leave the country. I didn't leave and waited for the MTR which was submitted on May1st 2018.

The company attorney was able to explain this very technically to the USCIS via MTR. The motion was successful even though I was more than 180days out of status. I received new H1B in form of I797A on June6th with a new I-94. I was lucky that MTR took only a month.

I hope you guys also get a positive response on your cases.

Arash

Edited by Arash

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17 hours ago, Arash said:

Disclaimer:  Information below is based on my own understanding and little bit of online research (I am an engineer myself).

The Appeal for the USCIS decisions basically is in the form of I-290B. If you look at the USCIS website and look up the Pdf for the I290B, you can find a lot of good information. I learned it when I was waiting for my case. 

I-290B has few different cases which one is the MTR -  Motion to Reconsider. There are different reasons that the attorney would choose MTR (I guess based on the case, I don't know). There are more info and instructions on the USCIS website for I-290B form.

@Emma1122 , my company attorney filed MTR.

Reasoning: I received H1B last year as I797B form but on Oct1st my SEVIS record was expired (but my OPT currently valid). That put me in about more than 6month of being out of status. This is a very rare case, I read in other forums that people had to leave the country. I didn't leave and waited for the MTR which was submitted on May1st 2018.

The company attorney was able to explain this very technically to the USCIS via MTR. The motion was successful even though I was more than 180days out of status. I received new H1B in form of I797A on June6th with a new I-94. I was lucky that MTR took only a month.

I hope you guys also get a positive response on your cases.

Arash

Thank you Arash. my attorney did appeal for me. Hope I can get great news later. 

Thank you for sharing your experience. 

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My attorney also applied for MTR (speciality occupation)on march 30 2018 still online status says ' case was received' 

Hopefully everyone gets approval very soon.

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On 6/7/2018 at 9:42 PM, Arash said:

Disclaimer:  Information below is based on my own understanding and little bit of online research (I am an engineer myself).

The Appeal for the USCIS decisions basically is in the form of I-290B. If you look at the USCIS website and look up the Pdf for the I290B, you can find a lot of good information. I learned it when I was waiting for my case. 

I-290B has few different cases which one is the MTR -  Motion to Reconsider. There are different reasons that the attorney would choose MTR (I guess based on the case, I don't know). There are more info and instructions on the USCIS website for I-290B form.

@Emma1122 , my company attorney filed MTR.

Reasoning: I received H1B last year as I797B form but on Oct1st my SEVIS record was expired (but my OPT currently valid). That put me in about more than 6month of being out of status. This is a very rare case, I read in other forums that people had to leave the country. I didn't leave and waited for the MTR which was submitted on May1st 2018.

The company attorney was able to explain this very technically to the USCIS via MTR. The motion was successful even though I was more than 180days out of status. I received new H1B in form of I797A on June6th with a new I-94. I was lucky that MTR took only a month.

I hope you guys also get a positive response on your cases.

Arash

thanks for sharing the details.  i'm in same boat, i got I797B instead of I797A when applied for H1-B ext and its been 1year  MTR was opened and no response yet, As per my lawyer its dangerous to leave the country now as i may be barred for 3years because i have been staying here for more than 180days without status, as per lawyer this illegal stay will become void once MTR gets approved. Hoping for the best.

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Hi i have an H1b appeals ongoing... initiated some time in august 2017..and currently the status is:

...the Administrative Appeals Office (AAO) returned your case, Receipt Number WACxxxxxxxxxx, to a USCIS office for review. We will notify you of our action within 60 days of the AAO decision.

***its a different wording from those who received such status, some would say "to the originating USCIS office" and such. 

*and btw this same receipt got reopened then appeals has been denied, then after a few months, it changed to the status above. Thank you!

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Hi,

Today i got an email for my case status as below.

 

There has been a recent processing action taken on your case. 

Receipt Number: xxxxxxxxxxxxxx 

Application Type: I290B, NOTICE OF APPEAL OR MOTION 

Your Case Status: Post Decision Activity 

Your appeal was dismissed and the original decision on your case, Receipt Number xxxxxxxxxxxxxxxx, remains the same. On June 14, 2018, we sent you a notice about this action. If you do not receive your notice by July 14, 2018, please contact the appellate authority directly. If you move, go to www.uscis.gov/addresschange to give us your new mailing address. 

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations. 

There is no activity recorded on the initial I-129 receipt number. DOes this seems okay. Does this mean that there is no further hope for approval.

Please help

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5 hours ago, Unknown12345 said:

Hi,

Today i got an email for my case status as below.

 

There has been a recent processing action taken on your case. 

Receipt Number: xxxxxxxxxxxxxx 

Application Type: I290B, NOTICE OF APPEAL OR MOTION 

Your Case Status: Post Decision Activity 

Your appeal was dismissed and the original decision on your case, Receipt Number xxxxxxxxxxxxxxxx, remains the same. On June 14, 2018, we sent you a notice about this action. If you do not receive your notice by July 14, 2018, please contact the appellate authority directly. If you move, go to www.uscis.gov/addresschange to give us your new mailing address. 

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations. 

There is no activity recorded on the initial I-129 receipt number. DOes this seems okay. Does this mean that there is no further hope for approval.

Please help

Hi,

 

when was your MTR got applied?

 

Thanks.

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On 6/15/2018 at 4:33 AM, MM_3 said:

Hi,

 

when was your MTR got applied?

 

Thanks.

 

On 6/14/2018 at 10:56 PM, Unknown12345 said:

Hi,

Today i got an email for my case status as below.

 

There has been a recent processing action taken on your case. 

Receipt Number: xxxxxxxxxxxxxx 

Application Type: I290B, NOTICE OF APPEAL OR MOTION 

Your Case Status: Post Decision Activity 

Your appeal was dismissed and the original decision on your case, Receipt Number xxxxxxxxxxxxxxxx, remains the same. On June 14, 2018, we sent you a notice about this action. If you do not receive your notice by July 14, 2018, please contact the appellate authority directly. If you move, go to www.uscis.gov/addresschange to give us your new mailing address. 

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations. 

There is no activity recorded on the initial I-129 receipt number. DOes this seems okay. Does this mean that there is no further hope for approval.

Please help

You know what, before i got my status that i posted above, I also went through that kind of message. That my appeal was dismissed.. then after a few months---status changed to the one I posted above. And now im not sure what's the status of my case---if its approved or still denied. All I know is that AAO has a decision...

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On 6/15/2018 at 6:43 PM, Sm1986 said:

 

You know what, before i got my status that i posted above, I also went through that kind of message. That my appeal was dismissed.. then after a few months---status changed to the one I posted above. And now im not sure what's the status of my case---if its approved or still denied. All I know is that AAO has a decision...

 

On 6/15/2018 at 6:43 PM, Sm1986 said:

 

You know what, before i got my status that i posted above, I also went through that kind of message. That my appeal was dismissed.. then after a few months---status changed to the one I posted above. And now im not sure what's the status of my case---if its approved or still denied. All I know is that AAO has a decision...

okay. Please post if you have any updates on your case.

 

Thanks

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On 6/7/2018 at 3:02 AM, vr46 said:

My H1 was denied on the basis of SOC(Specialty Occupation). I have a computer science background from my undergrad. I have job experience since then and after my Master's(in Computer Science). I am doing a job related to my coursework. I have filed for an MTR on March 23, 2018. Since then the status has not changed. There is no case History. The case is currently pending at Vermont Service Center (EAC). Is there anybody who got an approval with similar case status ?

I got a response for my MTR - "Case Was Sent To The Administrative Appeals Office for Review". How many days does it take after this ? 

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